Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
|
Your cart is empty |
|||
Showing 1 - 13 of 13 matches in All Departments
The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.
This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world's largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science) domestic law remains deeply divided over the best approach to take. This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a selected group of international scholars and experts from international organizations, the book addresses 1) the international status of genetic resources, both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica; 2) the relevance of environmental principles in the governance of modern biotechnologies; 3) the impact of biotechnologies on trade rules, including intellectual property law; 4) the human rights implications, especially in the field of human genetics; and 5) the intersection between general international law and regional systems, especially those developed in Europe and Latin America. The overall objective of the book is to provide an up-to-date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come.
This book follows and complements the previous volume Biotechnology and International Law (Hart, 2006) with its specific focus being human rights. It is the result of a collaborative effort which brings together a select group of experts from academia and from international organisations with the purpose of discussing the extent to which current activities in the field of biotechnology can be regulated by existing international human rights principles and standards. It also discusses what gaps, if any, need to be identified and filled with new legislative initiatives. Instruments such as the UNESCO declarations on the human genome (1997) and on bioethics and human rights (2005) have become part of customary international law, but what is the relevance of these instruments with respect to traditional concepts of state responsibility and the functioning of domestic remedies against misuse of biotechnologies? This book analyses what legislative initiatives are needed, and examines the pros and cons of a race toward the adoption of new ad hoc legislation in an area of such rapid technological development. proliferation of different regulatory regimes is also analysed. The various contributions ask what are the core human rights principles that define the boundaries of legitimate use of biotechnology? They also question what is the legal status of human genetic material and what are the implications of the definition of the human genome as 'common heritage of humanity' for the purpose of patenting of genetic inventions? These and other questions are the focus of a fascinating collection of essays which, together, help to map this emerging field of enquiry.
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternative dispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role of international and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict. The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions by domestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.
In international law, as in any other legal system, respect and
protection of human rights can be guaranteed only by the
availability of effective judicial remedies. When a right is
violated or damage is caused, access to justice is of fundamental
importance for the injured individual and it is an essential
component of the rule of law. Yet, access to justice as a human
right remains problematic in international law. First, because
individual access to international justice remains exceptional and
based on specific treaty arrangements, rather than on general
principles of international law; second, because even when such
right is guaranteed as a matter of treaty obligation, other norms
or doctrines of international law may effectively impede its
exercise, as in the case of sovereign immunity or non reviewability
of UN Security Council measures directly affecting individuals.
Further, even access to domestic legal remedies is suffering
because of the constraints put by security threats, such as
terrorism, on the full protection of freedom and human
rights.
This book offers a systematic analysis of the interaction between
international investment law, investment arbitration and human
rights, including the role of national and international courts,
investor-state arbitral tribunals and alternative jurisdictions,
the risks of legal and jurisdictional fragmentation, the human
rights dimensions of investment law and arbitration, and the
relationships of substantive and procedural principles of justice
to international investment law.
This book offers a systematic analysis of the interaction between
international investment law, investment arbitration and human
rights, including the role of national and international courts,
investor-state arbitral tribunals and alternative jurisdictions,
the risks of legal and jurisdictional fragmentation, the human
rights dimensions of investment law and arbitration, and the
relationships of substantive and procedural principles of justice
to international investment law.
Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as “world heritage” has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.
The growth in scope and importance of the private military and
security industry in the past decade has challenged the role of the
state as the main provider of defence and security functions. At
the same time it has put under stress the state's authority to
properly oversee the conduct of private contractors and has raised
the question of whether existing rules of domestic law and
international law are adequate to ensure their accountability in
the event of abuse. This book addresses this question through the
lens of international human rights law and international
humanitarian law. It presents a systematic analysis of the way in
which these two bodies of international law, applicable in times of
peace and in the event of armed conflict, may be interpreted and
implemented in a way so as to fill possible accountability gaps.
In international law, as in any other legal system, respect and
protection of human rights can be guaranteed only by the
availability of effective judicial remedies. When a right is
violated or damage is caused, access to justice is of fundamental
importance for the injured individual and it is an essential
component of the rule of law. Yet, access to justice as a human
right remains problematic in international law. First, because
individual access to international justice remains exceptional and
based on specific treaty arrangements, rather than on general
principles of international law; second, because even when such
right is guaranteed as a matter of treaty obligation, other norms
or doctrines of international law may effectively impede its
exercise, as in the case of sovereign immunity or non reviewability
of UN Security Council measures directly affecting individuals.
Further, even access to domestic legal remedies is suffering
because of the constraints put by security threats, such as
terrorism, on the full protection of freedom and human
rights.
This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.
After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO,the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consquence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.
|
You may like...
The Blot Upon the Brain - Studies in…
William W (William Wotherspo Ireland
Hardcover
R919
Discovery Miles 9 190
Gates and Rowan's Nonepileptic Seizures
Steven C Schachter, W. Curt LaFrance Jr, …
Hardcover
R3,583
Discovery Miles 35 830
Invasive Studies of the Human Epileptic…
Samden D. Lhatoo, Philippe Kahane, …
Hardcover
R8,498
Discovery Miles 84 980
|